Top-Rated Divorce & Bankruptcy Lawyers In Arizona
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Leading Divorce & Bankruptcy Attorneys For Arizona Divorce Filings Cases
Most Trusted Divorce & Bankruptcy Law Firm Serving Arizona
One of the most common reasons that married couples divorce is because of financial issues. These couples can turn to bankruptcy and divorce, which are legal procedures to dissolve both their debts and their marriage. If you are considering filing for both, you need to understand how bankruptcy and divorce interact under your personal circumstances.
Experienced Attorneys Specializing in a Wide Range of Divorce & Bankruptcy Matters
Divorce and bankruptcy are complicated, especially when you are considering filing for both within a short period of time. That’s why you need trustworthy legal advice from an Arizona divorce lawyer who fully understands bankruptcy, divorce, and family law matters. Guidance from an experienced attorney can save you money, time, and effort as they help you move through the divorce and bankruptcy processes in a way that benefits you the most.
Comprehensive Legal Services for Divorce Cases Involving Bankruptcy Matters
We work closely with clients who are seeking both divorce and bankruptcy. Receiving advice and guidance from the same attorney simplifies the process and gives you peace of mind knowing all the details are expertly handled.
Optimize Divorce & Bankruptcy Timing with Expert Legal Advice From Our Lawyers
Timing is everything when it comes to bankruptcy. For some individuals, filing for bankruptcy after divorce is better, while others will benefit more by filing for bankruptcy first. We can help you time your filings just right for maximum benefits.
Facilitating the Resolution of Business & Property Settlement Agreements after Divorce
If you own property or a business, divorce and bankruptcy become even more complex. Our trusted Arizona bankruptcy lawyers will be with you every step of the way, from filing to resolution, to ensure a successful outcome.
Reliable Bankruptcy & Divorce Attorneys Providing Services in Arizona
Trustworthy Divorce Lawyers Providing Expert Legal Advice on Bankruptcy Near You
AZ Family Law Lawyers is one of the most trusted family law firms in the state. Individuals and families who are facing especially challenging circumstances appreciate our outstanding ability to guide our clients through the complex processes of divorce and bankruptcy, especially when facing both at the same time. We have a comprehensive understanding of Arizona family law as well as state and federal bankruptcy laws. We will use our expertise to protect your rights and interests every step of the way.
Effectively Dealing with Bankruptcy During the Divorce Process
If you’re already going through the divorce process and discover that your ex has filed for bankruptcy, you may be worried about what that means both for your divorce and for your personal finances. AZ Family Law Lawyers is here to help. We will help you understand all of the legal processes, review your legal options, and develop a plan for moving forward. Our priority is always to protect your rights and interests as we work within the court system or mediation to promote the best possible outcome.
Our Clients’ Testimonials
Divorce Attorneys With 5-Star Rated Reviews
I can’t find fair enough words to describe my experience with KJ and Bryce handling my case. I can confidently say that they are an exceptional attorneys. They are professional, responsive, communicative, responsible, dedicated and they are legitimately invested in the successful outcome of your case. I was thoroughly impressed and beyond satisfied with the results. If I find my friends or myself in need of legal assistance in the future I’m going wherever they are.
I highly recommend this law firm. Bryce was the attorney that handled my DUI case. He handled everything for me and explained things to where I could easily and fully understand. Bryce was very professional and helpful. Everyone I spoke with over the phone was helpful and friendly as well. The billing process was simple and affordable.
Everyone we have worked with at My AZ Lawyers, from the initial contact to discuss the process, to filling out the necessary forms, and the filing, have been wonderful. They all took the time to answer any questions we had, they have been very responsive via phone and e-mail. One of the best things about them, besides their legal expertise, is their affordable payment plan. We would highly recommend My AZ Lawyers to our friends and family.
Avoid These Common Mistakes When Filing Bankruptcy & Getting Divorced
Which should you file first, bankruptcy or divorce? This can depend on a variety of factors, the first of which is the chapter you choose to file. Most personal bankruptcies are filed under either Chapter 7 or Chapter 13 of the Bankruptcy Code. Chapter 7, which is only available to those under certain income levels, liquidates debts without repayment. Chapter 13 reorganizes debts into a payment plan that lasts between 3 and 5 years.
Some filers may qualify for Chapter 7 bankruptcy, but choose to file Chapter 13 bankruptcy anyway. This is because Chapter 13 allows those who are behind on payments, such a mortgage or car loan, to catch up over those 3-5 years while also keeping the asset. Chapter 13 bankruptcy can also be used for priority debts like child support and spousal maintenance, which can’t be discharged in Chapter 7 and can lead to wage garnishment at a much higher rate than other debts.
If you need help with bankruptcy, divorce, or both, our office is here for assistance. We offer free phone consultations in both types of cases, as well as reasonable attorney’s fees and payment plan options. The best legal representation doesn’t have to break the bank- learn for yourself by scheduling your free consultation today.
Considering the Timing of Bankruptcy Filing in Relation to Divorce Proceedings
Filing Chapter 7 Before a Divorce
If you can wait a few months to file a divorce, you can avoid paying costs for two separate bankruptcies. While filing a Chapter 13 bankruptcy before a divorce usually isn’t a good idea, Chapter 7 bankruptcy is a different and much faster process. Filing Chapter 7 bankruptcy before a divorce can have many advantages.
One of the most significant advantages is that it reduces the amount of time you will need to spend on property division in the divorce. Arizona is a community property state, so both assets and debts that were acquired while the couple was married will be split evenly if they divorce. One spouse may agree to pay more than their fair share of the community debts in exchange for keeping valuable shared assets like the marital home, pets, furniture, and vehicles acquired during the marriage. However, if the spouse who agreed to pay debts later discharges them through Chapter 7 bankruptcy, the creditors may still pursue the other spouse for payment.
If a couple files Chapter 7 while they are still married, the debts will be discharged to both of their names. This also saves time (and hourly attorney’s fees) on asset division during a divorce. Chapter 7 is a much faster process than Chapter 13. A typical Chapter 7 bankruptcy is completed in just 3-6 months, which can be a more feasible timeframe for couples who know they want to get divorced and file for bankruptcy. This will save the couple bankruptcy costs compared to filing bankruptcy separately after the divorce.
Filing Chapter 7 Bankruptcy During Pending Divorce
In most cases, it’s better to file an Arizona Chapter 7 bankruptcy before filing for divorce because the debts will be discharged in both your names, making asset division during the divorce much easier. Unfortunately, some people want to make life challenging for their ex or lack financial options and choose to file Chapter 7 bankruptcy during a pending divorce. Although this can complicate your divorce proceedings, our Arizona family law lawyers are ready to fight on your behalf.
Narcissistic spouses make marriages miserable, but it doesn’t stop there. It can be especially challenging to go through divorce with a narcissistic or self-centered spouse who is unwilling to work with you to resolve key issues. Our Arizona divorce attorneys have experience working with challenging spouses and will provide skilled representation for you and your children.
Filing Chapter 7 After a Divorce in Arizona
Explore the Benefits of Retaining a Dedicated Divorce Attorney in Maricopa
It’s generally better to avoid filing for Chapter 13 bankruptcy if you would qualify for Chapter 7 after you divorce your spouse. While filing bankruptcy while still married can save a married couple time and money, it is still sometimes better to wait until a divorce is finalized to proceed with a Chapter 7 bankruptcy. There are strict income limits for Chapter 7 filers that may be easier to meet when the spouses are no longer married.
There are only two ways to qualify for a Chapter 7 bankruptcy in Arizona. One of these is the Means Test. This will combine the couple’s average monthly incomes and deduct necessary expenses. If the number left is negative, the couple will qualify. However, most filers looking to qualify for Chapter 7 simply compare their income to the median income level for their state. If their income is less than the state median, they automatically qualify for Chapter 7.
Getting Divorced While in Chapter 13 Bankruptcy
Chapter 13 bankruptcy is one approach to bankruptcy in which your debts are restructured into a 3-5 year payment plan. If you plan to divorce, it may be best to file this type of bankruptcy after your divorce has been finalized. Some couples make the decision to divorce while they are in the midst of their 3-5 year repayment term. Our Arizona bankruptcy lawyers are ready to help you resolve these complex situations while protecting your interests as well as the interests of your children. Reach out to us today to get started.
A Chapter 13 repayment plan will be based on your income at the time the petition was filed, which can make filing a Chapter 13 while still married tricky. Your payment plan will be based on your combined income, so unless your spouse doesn’t work, affording the payments that are calculated on a dual income will be nearly impossible after you divorce. Chapter 13 plans will leave you with very little disposable income at the end of each month – definitely not enough for one spouse to go out and rent a new home. Divorcing will become exponentially more difficult for the 3-5 years the payment plan lasts.
What to Do When Only One Spouse Wants to File Bankruptcy Before Divorce
Only One of Us Wants to File. Now What?
If only one of you wants to file bankruptcy, you can still proceed with Chapter 7 without including your spouse. However, debts will only be discharged to the filer’s name. Your spouse will be protected while you are still married, but once your divorce is finalized, your creditors will pursue your spouse for the discharged debts . Your spouse’s income will still be included with your own for qualification purposes. Filing Chapter 13 without your spouse’s cooperation simply isn’t feasible.
Divorce can be filed unilaterally, meaning if one spouse wants to divorce, it can proceed even if the other spouse doesn’t want to divorce. The spouse who files for divorce, the petitioner, will list their preferred terms of the divorce in the petition. If the other spouse, the respondent, refuses to answer the petition, the petitioner will be granted a default order.
Do I Need an Attorney?
Avoid proceeding with a bankruptcy or divorce unrepresented. You should always consult with an attorney before proceeding with a legal matter, even if you end up choosing to represent yourself. AZ Family Law Lawyers offers these consultation free of charge. We are a full-service law firm who handles many types of cases, including bankruptcy and family law, which makes us fully equipped to help you strategize the timing of your divorce and bankruptcy. We can also help you confirm which chapter of bankruptcy is best for you.
Uncontested, amicable divorces can often be resolved without hiring attorneys. If the couple has been married for a significant period, has minor children together, or acquired significant debts and assets during the marriage, this complicates the divorce and often requires legal representation. Bankruptcy filers who proceed pro se, or without an attorney, stand a decent chance in Chapter 7. Approximately ⅔ of those cases are successfully discharged. Pro se Chapter 13 filers have a success rate of less than 1 percent.
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Benefits of Hiring Our Attorneys for Divorce Cases Involving Bankruptcy
Divorce Lawyers Who Will Fight for Your Rights & Protect Your Assets in Family Court
Divorce and bankruptcy have long-lasting implications for your life, which is why you need representation from a tough Arizona family law lawyer who understands both processes and is ready to fight on your behalf. We use our expertise to protect your assets and rights in family court.
Reputable & Seasoned Divorce Attorneys who Provide Legal Services to Clients in Arizona
AZ Family Law Lawyers has developed a reputation for being tough, skilled family law lawyers who offer the highest quality legal services. Whether you’re facing divorce, bankruptcy, or both, we are here to help you from start to finish. Call our firm today to schedule your free consultation!
Highly Skilled Divorce & Bankruptcy Attorneys Near You
Our Arizona family law attorneys have a solid understanding of Arizona family and divorce law, as well as state and federal bankruptcy laws. We will work within the legal framework to help you time your divorce and bankruptcy to your maximum advantage. Reach out to us today!
Flexible & Affordable Payment Plans & Options Tailored to Your Divorce Case
During bankruptcy and divorce, your financial future can feel uncertain. That’s why we offer multiple affordable, flexible payment plans designed to meet your needs. We strive to keep our rates competitive and accessible for families who need our trusted Arizona family law services.
Expert Divorce Lawyers Specializing in Bankruptcy Matters
Many law firms specialize in family or bankruptcy law and don’t understand how these two areas of law work together – but we do! AZ Family Law Lawyers is your top choice for legal representation if you’re wondering how to make divorce and bankruptcy work well for you.
Expert Divorce Lawyers Specializing in Bankruptcy Matters
Don’t trust your divorce case to just any lawyer. You need legal representation from an experienced Maricopa annulment lawyer who has a comprehensive understanding of the law, has worked with many other families, and is prepared to build a strong case on your behalf. Call Arizona Family Law Lawyers now!
Several Years Of Experience Handling Divorce Cases Entwined With Bankruptcy Issues
Divorce and bankruptcy are complicated enough on their own, but can be overwhelming when you’re struggling with your future and wondering how they can fit together. Our Arizona family law and bankruptcy lawyers are ready to guide you through the process with respect and expertise.
Divorce & Bankruptcy FAQs in Arizona
What Is Divorce In Arizona?
What Is Bankruptcy?
Can I File Both Divorce & Bankruptcy?
If You File Bankruptcy During The Divorce, What Happens?
Which Should I File First, Divorce Or Bankruptcy?
What If My Spouse Wants To File Bankruptcy On Their Own?
What Kind Of Debts Are Split In A Divorce?
Can I Get My Divorce Expenses Discharged In A Bankruptcy?
What If My Ex-Spouse Files for Bankruptcy AFTER our Divorce?
Do I Need A Different Attorney To File For Bankruptcy Than The One I Used For My Divorce?
Get a Free Consultation with Our Divorce & Bankruptcy Lawyers
Are you considering divorce or bankruptcy, and wondering how to make these complex legal processes work well for you? Call AZ Family Law Lawyers to schedule your free, confidential consultation. We will review your situation, discuss your legal options, and help you develop a plan for moving forward. Our experienced Arizona family law lawyers are compassionate and dedicated to helping you achieve the best possible future, no matter what legal needs you may have.
Call our friendly team now for your obligation-free, no pressure obligation. We are ready to talk with you and help you better understand the legal processes of divorce and bankruptcy.
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